Texas Professional Ethics Committee Ethics Opinions
Free plain-English summaries of legal ethics opinions issued by the Texas Professional Ethics Committee, with full citations and source links on every page.
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When is a lawyer disqualified by conflicting interests among an executor, a note's maker, and defendant legatees in a suit to interpret a will?
The Committee found multiple disqualifying conflicts (all 9-0): the executor's chief counsel, who also represents the note's maker, must recuse; a firm member is no better positioned; counsel for thos…
Can a lawyer sign as surety on a bail bond for a felony defendant, whether a client or a friend?
The Committee held (6-1) that a lawyer becoming surety for individuals indicted for felonies, whether for his own clients or as a friend, was not a violation of the law or any Canon. The opinion is ov…
May a county judge who is also a lawyer represent clients in justice and county courts in other counties?
The Committee held (8-1) that it is not unethical for a county judge to represent clients and friends in justice and county courts in counties outside his own county.
Can a law firm put large neon signs with the lawyers' names on the outside of its office building?
The Committee held unanimously (9-0) that two neon signs on a downtown corner building, with two-foot lettering extending 10 to 12 feet along the side, constituted commercial advertising in violation …
Can one lawyer defend both drivers charged after a collision, even if they have settled their dispute with each other?
The Committee held (9-1) that one attorney may not defend both drivers charged with negligent collision, even after the drivers amicably settled, because their positions necessarily conflict, violatin…
Can a lawyer share office space with an abstract and title company and do all of the company's legal work?
The Committee held (7-2) that, on the sparse facts presented, a lawyer may share quarters with an abstract and title company, show his name on the window and in the directory at the company's address,…
Can a lawyer serving as a union's regional legal-aid counsel take case intake forms from the union and write injured members offering to take their cases?
The Committee held unanimously (10-0) that the arrangement was improper: receiving union-supplied accident intake forms made the lawyer party to lay case-funneling, his letter offering assistance soli…
Can a lawyer run a newspaper classified ad offering income-tax return preparation and claiming to be a tax specialist?
The Committee held unanimously (10-0) that a newspaper classified ad reading 'Income Taxes / Be Safe, have your report made by a lawyer / Specialist income tax laws,' with the lawyer's address and pho…
Can a lawyer set up a sham conveyance and reconveyance to put a lien or mortgage on property he knows is a homestead?
The Committee held unanimously (10-0) that a lawyer who knows property is a homestead may not arrange the regular device of conveying it to a third party who reconveys to the owner retaining a vendor'…
Can a lawyer put a modest neon sign with his name and phone number over the entrance to his suburban office?
The Committee held by a divided vote (6-4) that a neon sign about 5 feet long and 2 feet high, showing the attorney's name and telephone number over the entrance to his office in a suburban shopping c…
Can the law partner of a county attorney defend criminal cases in the district court of that same county?
The Committee held (7-3) that the law partner of a county attorney may not practice criminal law in the district court of the county where his partner is county attorney, even if limited to cases the …
Can a lawyer who represented one heir in a will contest later represent the administrator of the estate's residue?
The Committee held unanimously (10-0) that a lawyer who represented one of sixteen heirs in a will contest should not accept employment by the administrator of the residue estate where the administrat…
Must a judge recuse from a civil case just because his son, a former law partner, represents one of the parties?
The Committee held unanimously (10-0) that the father-son relationship alone does not disqualify a judge from trying a civil case, but that the judge should recuse if the case came in while he and his…
Can a lawyer demanding damages from the other driver also send her, under his son's name, an undisclosed solicitation to buy insurance from the son's agency?
The Committee split evenly (5-5) on whether the conduct violated Canon 6: half thought demanding damages from the other party and then signing the lawyer's son's name to an undisclosed insurance solic…
Must a lawyer tell the court a divorcing wife is pregnant when a statute requires disclosing children for custody and support?
The Committee held unanimously (10-0) that the information must be disclosed; a lawyer may not knowingly withhold from the court in a divorce case his knowledge that the wife is pregnant, with a major…
Can a criminal district attorney prosecute a case against his own relative?
The Committee held unanimously (10-0) that a criminal district attorney may not prosecute a relative, because doing so offends the spirit of Canon 6 on adverse influences and conflicting interests; he…
Can a lawyer list deceased lawyer relatives and a 'lawyers since 1840' family lineage on his letterhead?
The Committee held (7-3) that listing deceased relatives, with dates and nicknames, on a letterhead violates the spirit of ABA Canon 27 (self-laudation) and Canon 29 (dignity of the profession); membe…
Can a lawyer list his name and phone number in the yellow-pages 'Attorneys' section, including in nearby towns that have no lawyers?
The Committee held unanimously (10-0) that listing an attorney's name and telephone number under 'Attorneys' or 'Lawyers' in the classified (yellow-page) telephone directory is proper, and that the sa…
Can a lawyer publish a name-address-phone listing in a newspaper's 'professional directory' classified column?
The Committee held by majority (9-1) that publishing a bare name, address, and telephone listing (for lawyers other than patent, copyright, and admiralty practitioners) in a newspaper's 'professional …
Does a lawyer's name and 'Attorney at Law' in a dog-show catalogue stud-fee ad violate the advertising Canons?
The Committee held (9-1) that a dog-show catalogue ad soliciting stud fees that included the owner's name with 'Attorney at Law' did not violate the Canons, though it would have been better form and m…
Can a lawyer use a written prepaid retainer agreement for ongoing consultation and advice, with defined limits on the services covered?
The Committee held unanimously (9-0) that an attorney may use a written retainer agreement employing him for a stipulated advance fee to consult and advise a client, where the agreement defines which …
Can the winning lawyer write the jurors after a verdict telling them no misconduct occurred and to refuse to talk to the other side's investigator?
The Committee held unanimously (7-0) that the winning attorney's post-verdict letter complimenting the jurors, assuring them none of the enumerated matters was misconduct, and advising them to refuse …
Can a Texas lawyer list their name, address, and phone number in a newspaper's classified 'Business Service Directory' section?
The Committee held by a 6-3 vote that a listing under a regular newspaper column headed 'Legal Directory' is proper, but the listing here, placed in the classified-ad 'Business Service Directory' sect…
Can a Texas lawyer run a newspaper ad offering to buy and sell real estate mortgage notes and arrange loans, with their name and contact information?
The Committee held unanimously (8-0) that a newspaper ad reading 'Real Estate mortgage notes bought and sold, business, residential, repair loans' with the lawyer's name, address, and telephone number…
If one partner in a law firm is the county attorney, can another partner defend someone being prosecuted for a felony in a different county?
The Committee held unanimously (9-0) that a lawyer who is county attorney in the county of the firm's domicile, and his partner, may not accept a retainer to defend a person being prosecuted for a cri…
Can a lawyer give the judge a memorandum or authorities on the case without telling opposing counsel?
The Committee held unanimously (8-0) that a lawyer may not communicate with the court without making full disclosure to opposing counsel and giving that lawyer an opportunity to be present or to submi…
Can an insurance company's lawyer set up and handle a friendly suit to settle a minor's injury claim against the insurer when the claimant has no lawyer?
The Committee held (6-3) that the insurer's lawyer may not act as attorney for the claimants in a friendly suit against the company, but may prepare the papers for the adjuster, avoid contact with the…
Is a gratuitous insult in a letter from one lawyer to another a Canon violation, or just a matter for a grievance committee?
The Committee held (7-1) that a gratuitous insult in a letter from one attorney to another did not violate any of the Canons, though it deplored the conduct and said it might call for action by a grie…
Can a lawyer mail other lawyers a plan inviting them into a reciprocal referral society to exchange specialized cases for set fees?
The Committee held unanimously (9-0) that a circular letter soliciting lawyers and others to form a reciprocal referral society violated Texas Canon 24 and ABA Canon 27; solicitation of strangers and …
If a workers' comp claimant asks the employer's lawyer whether to appeal the board's award, what can that lawyer say without breaching loyalty to the employer?
The Committee held (7-0) that the employer's attorney should disclose his position to the claimant, represent the employer with undivided fidelity without revealing its confidences, and, if the claima…
Does the no-contact rule only bar settlement talks with a represented party, or does it bar all communication, and can a lawyer still interview the other side's employees as witnesses?
The Committee held (7-0) that Canon 9 bars a lawyer from communicating with a represented party for any purpose, not just to negotiate, but it does not bar interviewing a potential witness other than …
Can a justice of the peace who is also a lawyer practice criminal law in higher courts or in another county?
The Committee answered yes (6-1), but only where the matter has not been before him in any way in his capacity as justice of the peace, and a majority added that it would be highly preferable for the …
Can a partnership announcement state that the firm's practice is restricted to certain fields like oil and gas, real property, corporations, and estates?
The Committee held (5-2) that an association announcement stating 'Practice restricted solely to matters concerning oil and gas - real property - corporations - estates' was improper and violated Texa…
When a lawyer leaving public office puts out a newspaper notice that he won't seek re-election, can it praise his legal skills or hint at taking new clients?
The Committee held unanimously (7-0) that such a notice may factually report the lawyer's public service, but may not extol his professional attainments or ability, emphasize his special familiarity w…
Can a lawyer who serves as a county judge keep practicing law, and what limits apply?
The Committee held (7-0) that a county judge may practice law within the limitations set by statute (Art. 319 of the Revised Civil Statutes and Articles 402 and 403 of the Penal Code); the Canons do n…
Can a lawyer write and get paid for general legal articles in newspapers or trade journals, and can he be listed as a publication's free legal adviser?
The Committee held (6-1) that a lawyer may write and sell general legal articles for newspapers, magazines, or trade journals so long as he does not advise inquirers about their individual rights, but…
Can a lawyer who is also a state senator or representative note that office on his professional card?
The Committee held unanimously (7-0) that a lawyer may not state on his professional card that he is a State Senator or State Representative; such a reference would violate Canon 39.
If a former client falsely testifies that the lawyer gave him certain advice, may the lawyer reveal the truth and testify despite the privilege?
The Committee held unanimously (7-0) that a Texas attorney falsely accused by his client (a California lawyer) in the client's California disciplinary proceeding may voluntarily testify; the client wa…
Can a lawyer advertise in the Texas Bar Journal that he is licensed before the Treasury Department and U.S. Tax Court and will handle tax work for other lawyers by mail?
The Committee held unanimously (7-0) that a Texas Bar Journal ad soliciting tax work by mail and stating that the attorney is licensed to practice before the Treasury Department and the U.S. Tax Court…
Can a Texas lawyer be listed in a regular newspaper column headed 'Legal Directory'?
The Committee held that a professional listing in a regular newspaper column headed 'Legal Directory' is not improper where it contains only the statements expressly allowed by Canon 39. The opinion h…
Can a Texas lawyer be listed in the classified section of a telephone directory?
The Committee held unanimously (7-0) that attorneys may be listed in the classified section of telephone directories, provided no advertising matter is included, consistent with ABA Opinion 241.
Can a lawyer leaving the Attorney General's office run a newspaper announcement that he now practices privately, specializing in the matters he handled for the State?
The Committee held unanimously (7-0) that a newspaper announcement saying a lawyer formerly with the Attorney General's office or another State department is now in private practice specializing in ma…
Can a lawyer place a professional listing as a newspaper ad in a general section, next to commercial ads, rather than in a legal directory column?
The Committee held unanimously (7-0) that publishing professional listings as newspaper ads in a section not set aside for lawyers as a legal directory or legal guide, here next to a patent-medicine a…
Can a lawyer print marketing slogans, like 'Wills save worry, contracts save rights,' on the back of a professional card?
The Committee held unanimously (7-0) that printing 'Safety thoughts' slogans such as 'Wills save worry' and 'Contracts save rights' on the back of a professional card violated Canons 24 and 39.
Can a lawyer place an ad in the Texas Bar Journal offering other lawyers a statewide specialized appellate briefing and argument service?
The Committee held unanimously (7-0) that a Texas Bar Journal ad addressed to members of the bar offering a statewide specialized service in briefing and arguing civil appeals in state and federal cou…
Can a lawyer run a Texas Bar Journal ad to other lawyers touting his Spanish fluency and Latin-American experience and offering to handle their clients' matters abroad?
The Committee held unanimously (7-0) that a Texas Bar Journal ad to the bar soliciting Latin-American business, listing the lawyer's qualifications and citing 'the lawyers of Travis County' as referen…
If a lawyer also serves as a court clerk, what legal work can he do, and can he split fees with another lawyer on court matters?
The Committee held unanimously (7-0) that a lawyer who is the clerk of a court of record may do only office practice with no connection, direct or indirect, to court proceedings, and that dividing fee…
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Legal ethics opinions from the Texas Professional Ethics Committee interpret the rules of professional conduct for working lawyers, in response to inquiries from members and committees. They are not binding like court discipline decisions, but courts and discipline boards treat formal opinions as substantial guidance on how the rules apply. Every opinion above has a plain-English question and short answer, plus a link to the original source on the bar's site.